9/19/2023 0 Comments Register janetter![]() ![]() In the present action the pursuer sought (1) reduction of the fraudulent disposition and declarator that the entry in the Land Register recording a transfer of title from the pursuer to the first defender is inaccurate (2) declarator that the entry in the Land Register relating to the standard security granted by the first defender is inaccurate, and that the security is of no force and effect in any question between the pursuer and the fourth defender and (3) an order ordaining the second defender to rectify the Land Register in terms of s. She avers that in January 2012 at Edinburgh Sheriff Court the third defender was convicted of fraud in respect of his said conduct. The pursuer avers that the first defender never took possession of the subjects and that pursuer has remained in possession of them. The standard security granted by the first defender to the fourth defender was recorded in Charges Section of the Title Sheet relating to the subjects. Out of the funds advanced to the first defender £45,411.90 were used to repay the outstanding balance of the loan which had been made to the pursuer by GMAC-RFC Limited. The disposition was recorded in the Land Register and the first defender was entered in the Proprietorship Section of the Title Sheet. The impersonator forged the pursuer's name on a purported disposition of the subjects by the pursuer to the first defender. The first defender executed a standard security in the fourth defender's favour. The fourth defender advanced the first defender a loan of £80,500 to be used for the purchase of the subjects. The mortgage agents advised the fourth defender of that proposed arrangement. The third defender also fraudulently prepared a letter bearing to be from the pursuer to mortgage agents which indicated that the pursuer was to gift the first defender £27,500 on a non-refundable basis. She avers that in March 2010 the third defender embarked on a fraudulent scheme whereby he arranged for a woman to impersonate the pursuer with a view to selling the subjects and that the third defender "secured the co-operation of the first defender as the purchaser in the transaction for the sale of the subjects to him". She avers that from about May 2009 she allowed him to resume residence at the house on a temporary basis but that they did not cohabit. The pursuer avers that she cohabited with the third defender between about 2001 and about November 2007. She was advanced monies by GMAC-RFC Limited and she granted that company a standard security over the house which standard security was duly registered in the Charges Section of the Title Sheet. The transaction was duly registered in the Land Register of Scotland and the pursuer was entered in the Proprietorship Section of the Title Sheet related to the subjects. The Council granted her a Feu Disposition. The pursuer purchased the house at ("the subjects") from the City of Edinburgh Council in about January 2002. Dealing With a Deceased's Estate Guidance Notesįourth Defender: M V Ross Morton Fraser LLP.Simplified Divorce and Dissolution of Civil Partnership Guidance Notes.AC Messenger-at Arms and Sheriff Officers. ![]() Criminal Courts Practice Notes and Directions.Procedures and practices which apply to courts.Only judgments of significant points of law or public interest.Divorce and Dissolution of Civil Partnership.Dealing With a Deceased’s Estate in Scotland.Information on how some court processes work and action you may want to take.Information for those due to attend or visit court.Preliminary Hearings and Dates of Inquiry.Courts, tribunals and Justice organisations in Scotland. ![]()
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